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TriChic.Com ("TriChic.Com") maintains this and other websites as a service to its customers. By accessing and/or using the web sites owned, operated and/or maintained by TriChic.Com (the "TriChic.Com Sites"), you are expressly agreeing to comply with and be bound by the following Terms of Use and the TriChic.Com Privacy Statement, as well as all applicable laws and regulations. We've created these Terms of Use to protect you and to ensure that TriChic.Com is safe and fun for everybody. If you do not agree with these Terms of Use, you are not authorized to use the TriChic.Com Sites and must not access or use them! TriChic.Com may revise and update these Terms of Use at any time; please periodically review them, because your continued usage of the TriChic.Com Sites indicates your agreement with any such changes.
- Copyright.
Ownership. All content included on the TriChic.Com Sites, such as text, graphics, logos, button icons, images, audio clips and software, is the property of TriChic.Com or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all content on the TriChic.Com Sites is the exclusive property of TriChic.Com and protected by U.S. and international copyright laws. All software used on the TriChic.Com Sites is the property TriChic.Com or its software suppliers and protected by U.S. and international copyright laws.
Permitted Use. The content and software on the TriChic.Com Sites may be used as an information, entertainment, registration and shopping resource. In addition, TriChic.Com hereby authorizes you to view, copy, download, and print for personal use only any TriChic.Com-owned content on the TriChic.Com Sites. Such personal use is subject to the following conditions: (i) content may be used only for non-commercial, informational purposes and may not be posted or distributed, (ii) the content may not be modified, and (iii) copyright, trademark and other proprietary notices may not be removed. This permission does not extend to materials owned by TriChic.Com licensors. Except as expressly stated in these Terms of Use or as otherwise specifically authorized by TriChic.Com, you may not duplicate, download, publish, modify or otherwise distribute (including through the use of frames or deep links) the material on the TriChic.Com Sites. Furthermore, you may not copy, reproduce or distribute the design or layout of the TriChic.Com Sites, the TriChic.Com logos or other design elements or software. Any use of the TriChic.Com Site content not described herein is strictly prohibited.
Copyright Complaints. TriChic.Com respects the intellectual property of others, and we ask our content partners and TriChic.Com members to do the same. If you believe that your copyrighted work has been copied and is accessible on the TriChic.Com Sites in a way that constitutes copyright infringement, you may notify TriChic.Com by providing TriChic.Com's copyright agent the following information:
- an electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf.
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity.
- Identification of the location where the original or an authorized copy of the work exists, for example the URL (i.e., web page address) where it is posted or the name of the magazine in which it has been published.
- Identification of the URL or other specific location of the TriChic.Com Sites where the material that you claim is infringing is located, including enough information to allow us to locate the material.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
- A statement by you, made under the penalty of perjury, that the above information is your notice is correct and that you are the copyright owner or authorized to act on the copyright owner's behalf.
TriChic.Com's agent for notice of claims of copyright infringement on the TriChic.Com site can be reached as follows: Brenda Gilchrist www.trichic@trichic.com
- Permitted Use of TriChic.Com Trademarks
TriChic.Com trademarks identify TriChic.Com products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. Other uses require written permission from TriChic.Com. Please make such requests by e-mail to www.trichic@trichic.com and we will evaluate your request as soon as possible.
Trademarks: TriChic.Com.com, TriChic.Com.com and Logo, Tri Girls Do it Thress Times Better
- User Submissions and Content
TriChic.Com may provide interTriChic.Com areas on the TriChic.Com sites, in which users may post communications. You alone are responsible for the content of your communications, and the consequences of any such communications. By submitting content, which shall include your member name, to any "interTriChic.Com area" of the TriChic.Com Sites, including message boards, forums, and chat rooms, you grant TriChic.Com a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also permit any subscriber to access, display, view, store and reproduce such content for personal use.
In consideration of being allowed to use the TriChic.Com interTriChic.Com areas, you agree:
I agree :
- not to use the TriChic.Com Sites to send or post on message boards or any place on the TriChic.Com Sites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, genderually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances.
- not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of TriChic.Com.
- not to use an inappropriate member name of any kind.
- not to post or use the TriChic.Com Sites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio.
Such actions shall constitute a material breach of these Terms of Use. TriChic.Com reserves the right to delete from the TriChic.Com Sites any postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators.
- Links; Third Party Services; Promotional Messages
As a convenience to our members, we may provide links to third-party web sites. The linked sites are not under our control, and we make no representations as to the quality, suitability, functionality or legality of any sites to which we may provide links. You hereby waive any claim you might have against TriChic.Com with respect to such sites.
In addition, you may order services or merchandise through the TriChic.Com Sites from other persons not affiliated with TriChic.Com ("Seller"). For example, you may choose to register for a sporting event and purchase event-related merchandise on the TriChic.Com Sites. All matters concerning the merchandise and services desired from a Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. TriChic.Com makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider TriChic.Com, nor will TriChic.Com be construed as, a party to such transactions, whether or not TriChic.Com may have received some form of revenue or other remuneration in connection with the transaction. You agree that TriChic.Com will not be liable for any costs or damages arising out of such transactions, either directly or indirectly.
TriChic.Com and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. TriChic.Com makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither TriChic.Com nor such third party shall have any liability with respect thereto.
- Registration and Password
You are responsible for maintaining the confidentiality of your login ID and password (your "registration"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify TriChic.Com of any unauthorized use of your registration.
- Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF TriChic.Com IS AT YOUR SOLE RISK. TriChic.Com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TriChic.Com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
THE INFORMATION ON TriChic.Com IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER TriChic.Com NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN TriChic.Com, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. TriChic.Com ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE. IN PARTICULAR, THE ACTIVITIES AND EXERCISES DESCRIBED IN TRAINING PROGRAMS AND ARTICLES ON TriChic.Com CAN BE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. YOU MUST CONSULT WITH A LICENSED PHYSICIAN BEFORE PARTICIPATING IN ANY OF THE ACTIVITIES DESCRIBED ON TriChic.Com.
TriChic.Com makes no warranty that the TriChic.Com Sites' services will be uninterrupted, secure or error free. TriChic.Com does not guarantee the accuracy or completeness of any information in, or provided in connection with, the TriChic.Com Sites. TriChic.Com is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the TriChic.Com Sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.
- Limitation of Liability
TriChic.Com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM (A) THE USE OR THE INABILITY TO USE TriChic.Com OR (B) FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR (C) RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH TriChic.Com OR (D) RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TriChic.Com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Indemnification
You agree to indemnify and hold each of TriChic.Com and its officers and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of TriChic.Com, the violation of these Terms and Conditions by you, or the infringement by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.
- Termination
TriChic.Com reserves the right, at its sole discretion, immediately and without notice to suspend or terminate (i) these Terms of Use; (ii) your registration with or ability to access TriChic.Com and/or any other service provided to you by TriChic.Com upon any breach by you of the Terms of Use or upon your demonstration of conduct that TriChic.Com determines to be inappropriate.
- Applicable Law; Consent to Jurisdiction
The TriChic.Com Sites (excluding linked sites) are controlled by TriChic.Com from its offices within the State of California, United States of America. The TriChic.Com Sites can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of California, by accessing the TriChic.Com Sites both you and TriChic.Com agree that the statutes and laws of the State of California, without regard to the conflict of laws principles thereof, will apply to all matters relating to use of the TriChic.Com Sites.
You agree that exclusive jurisdiction for any dispute with TriChic.Com, or in any way relating to your membership or use of TriChic.Com, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any dispute including any claim involving TriChic.Com or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
- Miscellaneous
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
TriChic.Com may assign its rights and obligations under these Terms of Use and upon such assignment TriChic.Com may be relieved of any further obligation hereunder.
You represent to TriChic.Com that you have the authority to register with TriChic.Com according to these Terms of Use.
With your prior approval, TriChic.Com reserves the right to charge fees, surcharges and/or membership fees at any time.
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