Terms of Use Agreement
for Trilliant Food and Nutrition, LLC
Last Updated: June 15, 2017
PLEASE READ THESE “TERMS OF USE” CAREFULLY BEFORE ACCESSING OR USING THE SITE, THE SOLUTION OR ANY SERVICE AS MADE AVAILABLE.
This Web Site is one of several offered by Trilliant Food & Nutrition, LLC providing information, products, services, Content (defined below) and other functionality to Visitors, some of which may be intended for specific regions of the world or specific product lines. While the Content of the sites may vary from site to site and region to region, these Terms and Conditions of Use (hereinafter “Terms”) are applicable generally to each Site.
Use of this Site is subject to these Terms and to the licenses and permissions contained herein. These Terms form a contract with you. A link to these Terms is posted on the Home Page of this Web Site and will be continually available for your review.
YOUR USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY EACH OF THE FOLLOWING TERMS AND AN INDICATION OF YOUR UNDERSTANDING OF THEM.
IF YOU DO NOT AGREE TO THESE TERMS, USE OF THIS SITE IS PROHIBITED.
Trilliant may revise these Terms from time to time by posting new Terms to this Site. By continuing to use this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the current Terms to which you are bound.
If any of these Terms would not be enforceable under the local laws of the country from which the Site is being viewed, that term shall be severable from this agreement and the remainder of this agreement shall be remain in full force and effect. The failure of Trilliant to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Viewing this Web Site from countries, if any, in which its Content is unlawful is strictly prohibited and constitutes a violation of these Terms. You are responsible for compliance with applicable local laws.
This Agreement takes effect upon the earlier to occur of: (i) when you click an “I Accept” button or check box presented with these terms, or (ii) when you access, view or otherwise use the Site or Solution (the “Effective Date“). By taking such actions, you represent and acknowledge to us that: (a) you are lawfully able to enter into contacts (e.g., you are not a minor), (b) if you are entering into this Service Agreement for an entity, such as the company you work for, you have legal authority to bind that entity, and (c) assent to these Terms of Use and all policies and other documents applicable to its subject matter as published by us. If you do not agree to these Terms of Use or other policies and document, please exit and/or uninstall the Site immediately. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use as well as out other portions of the Service Agreement at any time, with or without notice to you. Please check these Terms of Use and each policy periodically for changes as your continued access or use of this Site, the Solution or ant Service made available following the posting of changes signifies your acceptance of all such changes.
Not all products, programs and services which may be described on a Trilliant Site are available in each and every country. When in doubt, contact a local Trilliant representative in your area to determine precisely what is available to you. Persons intending to use a Trilliant product described in this Web Site must follow product directions and comply with all applicable laws and regulations relating to the product.
Definitions
Definitions that explain some of the terminology used in these Terms is listed below.
Compliance with Local Law
Trilliant operates from its Headquarters in Little Chute, Wisconsin, USA. However, this Site may be operated from the Headquarters, from any of Trilliant’s divisions and affiliates located around the world, or hosted on our behalf by any third party.
Trilliant makes no warranty or representation that materials on this Site are appropriate or available for use in all locations around the world from which it may be viewed.
Trademarks
The trademarks, trade names, trade dress service marks and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Trilliant and others. Unless otherwise stated on the Site, nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of Trilliant or any third party that may own the respective Trademarks. Except as expressly indicated on the Site, the name of Trilliant Food and Nutrition, LLC or Trilliant make may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior written permission from Trilliant.
Your Use of Copyrighted Material on this Site
The text, Trademarks, logos, images, graphics, photos, video files, application functionality, or any other digital media, and their arrangement on this site (“Content”) are all subject to patent, trademark, copyright and other intellectual property protection. The copyright in the arrangement of and or components of all material provided on this Site by Trilliant, including, with out limitation, all Site Content is held by Trilliant or by the original creator of the material. Trilliant grants you a limited, non-exclusive and non-transferable license to use and display the materials on this Site only for the bona fide non-commercial purposes associated with your interaction with the Site. The license includes the right to print such materials but only for the stated non-commercial uses. Unless otherwise stated, you have no right to copy, display, reproduce, download, distribute, modify, edit, create derivative works, reverse engineer, decompile any code, script, or software forming the Site, alter or enhance the materials in any manner, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of Trilliant or the copyright owner. This license terminates automatically and without notice if you violate any of these Terms. Upon termination, you must destroy any downloaded or printed materials obtained from this Site. Trilliant reserves all other rights not expressly granted by this License. The foregoing limitation does not apply to Material Safety Data Sheets (MSDS) or to product labels which may be furnished on the Site and which are intended for reproduction and use.
Confidential or Proprietary Information
Trilliant strives to provide the public with broad access to information about its products and services. In doing so, it is not Trilliant’s intention to waive any intellectual property rights, including, without limitation, trade secrets, Trilliant may have in information on this Site under applicable laws. Trilliant has policies and procedures in place that are designed to prevent the disclosure on this website of information that Trilliant considers to be confidential or proprietary trade secret information. However, if at any time you obtain confidential or proprietary trade secret information from this Site that may have been inadvertently disclosed by Trilliant, you agree to act in good faith to recognize and respect the confidentiality of such information and you agree not to keep, make use of, or disclose any confidential or trade secret information you may obtain from this Site to anyone else and, after providing notice to Trilliant, you agree to immediately destroy any copies of the information, in any form, in your possession.
User Names and Passwords
If this Site permits you to adopt a User Name and a Password or to use an assigned User Name and Password in order to access features of this Site, then:
Trilliant reserves the right at any time in our sole discretion to modify or discontinue the Site, modify or discontinue any information or other Content contained on the Site, or terminate your Password and User Name and your use of the Site, for any reason or no reason. You are responsible for all direct or indirect damages and liable for all activity conducted on this Site that can be linked or traced back to your User Name or Password.
Transactions
For any Trilliant Site that permits you to place orders or otherwise effect transactions with Trilliant, additional terms and conditions may be applicable to our third-party service providers whom we partner with to facilitate such transactions. Such third-parties to those transactions may have those additional terms displayed on the web pages or links that enable to you to conduct such business And complete the transactions. Please review carefully the third party’s policies, practices and rules, and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
The United States and other governments regulate the import and export of products and information. You agree that, to the extent such laws are applicable to you or the transaction you wish to effect with Trilliant, you will comply with all such import and export laws and regulations and that you will not import, export or re-export products or services purchased or sold through the Site to countries or persons prohibited under applicable import and export control laws.
By entering into a transaction with Trilliant through this Site, you are representing to us that you are not in a country where such import/export is prohibited or are a person or entity to which such import/export is prohibited. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export.
You are specifically prohibited from using our Sites or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, or state regulations, rules, laws, or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Sites, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish (email fraud), pharm (web traffic redirection fraud), pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Web Sites, other websites, or the Internet. We reserve the right to terminate your use of our Web Sites for violating any of the prohibited uses.
Your Privacy
To the extent that this Site collects Personal Information about you, our use of that information is subject to Trilliant’s Privacy Policy, which can be read at OUR PRIVACY POLICY.
Linking To and From This Site
Anyone linking to the Site must comply with all applicable laws. A site that links to Trilliant’s Site:
(a) may link to, but not replicate, Content on this Site;
(b) may not create a browser or border environment around Content on this Site;
(c) may not imply that Trilliant is endorsing it or its products;
(d) may not use Trilliant’s Trademarks without express written permission;
(e) may not misrepresent its relationship with Trilliant;
(f) may not present false information about Trilliant’s products or services; and
(g) may not contain Content that could be construed as distasteful, offensive or controversial, and must contain only Content that is appropriate for all age groups.
Trilliant does not control and is not responsible for the Content of any third-party (non-Trilliant) sites linked to this Site and is not responsible for any changes or updates to such third-party sites. Trilliant is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Trilliant of the Site.
Disclaimer Of Warranties
THE CONTENT PROVIDED ON THIS SITE IS PROVIDED “AS IS” AND “WITH ALL FAULTS”. TRILLIANT MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO ITS USE, AVAILABILITY, CONTENT, ACCURACY, APPROPRIATENESS OR PERFORMANCE OF THIS SITE. AS A USER, YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR YOUR USE OR NON-USE OF THE SITE, AND TRILLIANT MAKES NO REPRESENTATION THAT THE CONTENT APPEARING ON OR DOWNLOADED FROM THIS SITE IS COMPATIBLE WITH YOUR COMPUTER OR FREE FROM ERROR OR VIRUSES. NO TRILLIANT EMPLOYEE, AGENT OR REPRESENTATIVE IS AUTHORIZED TO MODIFY OR AMEND THIS WARRANTY. TO THE EXTENT ALLOWABLE BY EXISTING LAW: TRILLIANT DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE SITE AND ITS CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXLCUSIONS MAY NOT APPLY TO YOU.
TRILLIANT RESERVES THE RIGHT TO ALTER OR REMOVE SITE CONTENT, OR SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND TRILLIANT WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF THAT ACTION.
PLEASE NOTE THAT THIS SITE MAY INCLUDE INFORMATION CONCERNING OUR BUSINESS AND OUR EXPECTATIONS FOR THE FUTURE. THAT INFORMATION WAS CURRENT WHEN POSTED; HOWEVER, TRILLIANT DOES NOT COMMIT TO UPDATE OR REVISE THE INFORMATION BASED ON NEW INFORMATION OR OTHER DEVELOPMENTS. FURTHER, ALTHOUGH THE INFORMATION ON THIS SITE IS PRESENTED IN GOOD FAITH AND BELIEVED TO BE CORRECT, TRILLIANT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE INFORMATION OR ANY SITES LINKED TO THIS SITE.
CERTAIN CONTENT ON THIS SITE IS THE PROPERTY OF THIRD PARTIES, USED WITH THEIR PERMISSION. THE OPINIONS EXPRESSED BY THIRD PARTIES DO NOT NECESSARILY REFLECT THOSE OF TRILLIANT COMPANY.
The foregoing disclaimer of warranties does not apply to any product warranties set forth on product labels which may be displayed on this Site. For such products, the warranty, if any, set forth on such label controls Trilliant’s liability for such product.
Limitation Of Trilliant’s Liability
YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE: (1) THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK; (2) THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT THAT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE; AND (3) THAT TRILLIANT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING, WITHOUT LIMITATION, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, COMPUTER VIRUS, OR NETWORK OR INTERNET FAILURE, OR INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, LOST PROFITS AND/OR LOSS OF OR DAMAGE TO DATA OR PROPETY WHETHER THE ALLEGED LIBAILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABIITY OR ANY OTHER BASIS, EVEN IF TRILLIANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOUR USE OF THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Your indemnification Obligation
You agree to defend, indemnify and hold harmless Trilliant, its affiliates and their respective directors, officers, employees and agents from and against all damages, claims and expenses, including attorneys’ fees, arising out of your use of this Site or misuse of any information taken from the Site or your transmission of information, data, material or Content on the Site.
Advertisements that May Appear on the Site
If any advertisement for a product or service provided by anyone other than Trilliant appears on this Site, Trilliant does not endorse, warrant or guarantee any such product or service and will not be a party to or in any way monitor any transaction between you and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
When Visitors May Post to a Trilliant Site
If this Site permits you to post or upload comments or any other Content on the Site, then the following additional terms are applicable to your use and are hereby accepted by you.
You understand that all information, Content, text, data, messages or other materials, whether posted to the Site or privately transmitted (“Material(s)”) are the responsibility of the person from which the Material originated. You are responsible for all Material that you post, transmit or otherwise make available on the Site or to others. You acknowledge and agree that you must evaluate and bear all risks associated with the use of any Material, including any reliance on the accuracy or completeness of Material.
Trilliant does not control this Material and therefore does not guaranty the accuracy, integrity or quality of the Material. Trilliant will not be liable in any way for any Material, including but not limited to, any errors or omissions in the Material, or for any loss or damage of any kind incurred as a result of the use of any Material posted, transmitted or otherwise made available on the Site.
While Trilliant does not and cannot review every communication or information posted or transmitted by you or others to the Site or to others and is not responsible for the content of these messages, Trilliant reserves the right to delete, move, or edit Material that it, in its sole discretion, deems outside the scope of Content that is acceptable for display on the Site, abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
You agree that you will not use Material to:
You acknowledge and agree that Trilliant may disclose any Material, and the source or owner of any Material, if required to do so by law or legal process, to enforce the provisions of these Terms, or protect the rights of Trilliant, its customers and/or Visitors of the Site.
Trilliant’s Rights in Materials Submitted To The Site
Unless otherwise specified by You, any Material you transmit or otherwise make available to this Site shall conform to these Terms and is not confidential or proprietary. By submitting Materials to this Site you represent that you own or have unencumbered, transferable rights and permissions, including, without limitation, the right of publicity and rights to disclose personally identifiable information, and you automatically grant Trilliant and its affiliates, a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to make, sell, use, reproduce, publish, create derivative works of, perform, display, distribute, import and transmit such Material and products incorporating such Material (in whole or in part) in any form, media or technology, now known or later developed for the full term of any intellectual property rights that may exist in such Material for any purpose whatsoever, and to publish the owner’s name in connection therewith, or to use the Materials for any lawful purpose whatsoever, including, without limitation, the right to sub-license the Materials to third parties for their lawful uses and purposes. If your Materials contain photographs or digital or video images that depict a child that is under the age of majority in their state of residence, you represent that you have written permission from the child’s parent or guardian to provide the photo, digital, or video image. You warrant that you have the rights necessary to grant the licenses described in these Terms. Subject to existing laws, you waive any moral rights that you or your licensors may have in any Materials.
Procedure For Making Claims Of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to this Site’s designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Trilliant respects the intellectual property of others, and we ask our visitors to do the same. Trilliant will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Trilliant will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide Trilliant the following information. Please be advised that to be effective, notification must include ALL of the following:
Notices of claimed copyright infringement should be directed to:
Kyle T. Peterson, Esq.
Patterson Thuente, P.A.
4800 IDS Center
80 South 8th Street
Minneapolis, MN 55402
Release
ALL USERS OF OUR SITES ACKNOWLEDGE AND AGREE THAT TRILLIANT AS AN INDEMNIFIED PARTY IS RELEASED, DISCHARGED, AND HELD HARMLESS FROM ANY AND ALL LIABILITY FROM THIRD-PARTY CLAIMS MADE IN CONNECTION WITH THE SITES, INCLUDING, WITHOUT LIMITATION, WRONGFUL DEATH AND PERSONAL INJURY, MONEY DAMAGES, OUT-OF-POCKET AND COURT COSTS, ATTORNEY’S FEES, DAMAGE TO TANGIBLE PROPERTY OR REPUTATION, INCLUDING, WITHOUT LIMITATION, LIBEL, DEFAMATION, RIGHT OF PUBLICITY AND INVASION OF PRIVACY. TRILLIANT RESERVES ITS RIGHT TO ALL FORMS OF EQUITABLE AND LEGAL RELIEF RELATED TO FRAUD OR ILLEGAL ACTIVITY CONNECTED TO THE USE OF OUR WEB SITES.
Termination
Trilliant may terminate these Terms at any time and may do so immediately without notice and, accordingly refuse or terminate your access to the Sites, if, in Trilliant’s sole discretion, you fail to comply with any term or condition of the Terms.
Choice of Law and Forum
These Terms will be governed and construed in accordance with the laws of the State of Wisconsin, USA, without regard to its conflicts of law rules. For all disputes arising out of or relating to our Sites or Terms, you submit to exclusive personal jurisdiction and venue of the state and federal courts located in Brown County, Wisconsin.
Notice and Consent to Electronic Communications
You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our Sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be signed in writing.
No other Agreements
By agreeing to these Terms, you represent that you are at least the age of majority in your state of residence or geopolitical jurisdiction. The provisions and conditions of these Terms constitute the entire agreement between you and Trilliant related to the use of the Site and supersedes any prior agreements or understandings not incorporated in these Terms. These Terms are effective as of the Effective Date. Continued use of the Site by you after the Effective Date constitutes your acceptance of these Terms
Effective Date
These Terms were last revised on June 2, 2017 and govern your access of this Site from this date forward until a later revision is posted.