Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Welcome to the Trimark Associates, Inc. (Trimark) web site. The following terms and conditions of use apply exclusively to your access to, and use of, our site, currently located atwww.trimarkassoc.com. These terms may be changed in the future without further notice, and your continued use of the site following any such changes constitutes your acceptance of the changes. These terms do not alter in any way the terms or conditions of any other agreement you may have with Trimark for services or otherwise.

The Trimark web site is available to those who can form legally binding contracts under applicable law. If you have any question regarding the use of this site, please contact us atinfo@trimarkassoc.com.

  1. Privacy Policy – Trimark believes strongly in protecting user privacy. Users of this site should refer to our Privacy Policy for information about how Trimark uses and collects information. By using this site, you agree that Trimark may access and disclose information about you or your use of the site when we deem it necessary or appropriate to comply with the law or legal process, respond to claims, protect Trimark’s systems and customers, ensure the integrity and operation of Trimark’s business and systems or protect the rights, property or safety of Trimark, its affiliates or others. Such disclosure may include, without limitation, user information (e.g., name, e-mail address, etc.), IP address, traffic information and usage history. Our right to disclose any such information shall govern over any terms of Trimark’s Privacy Policy.
  2. Copyright – All site materials, including, without limitation, the Trimark logo, design, text, graphics, other files and the selection and arrangement thereof are Copyright 2000 – 2012 Trimark Associates, Inc. all rights reserved. You may electronically copy and print to hard copy portions of this site for the sole purpose of using materials it contains for informational and noncommercial, personal use. Any other use of the materials in this site — including without limitation any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display or performance — without the prior written permission of Trimark is strictly prohibited.
  3. Trademarks – Trimark, the Trimark logo, T1-S Gateway and the services described in this site are trademarks of Trimark, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Trimark. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
  4. User Conduct – We reserve the right, but do not assume the responsibility, to monitor or review user conduct on the site. Use of the site is subject to all applicable local, state, national and international laws and regulations. In using the site, you agree not to:
    • Use the site for illegal purposes
    • Harvest or otherwise collect information about others, including without limitation, names and e-mail addresses, without their consent
    • Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots or any other harmful or deleterious programs
    • Interfere with or disrupt networks connected to the site or violate the regulations, policies or procedures of such networks
    • Attempt to gain unauthorized access to the site, computer systems or networks connected to the site
  5. Linking – You are granted a limited, nonexclusive right to create a hyperlink to this site provided such links do not portray Trimark or any of its services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time. You may not use, frame or utilize framing techniques to enclose any Trimark trademark, logo or other proprietary information, including the images found at this site, the content of any text, or the layout/design of any page or form contained on a page, without Trimark’s express written consent. Further, you may not use any meta tags or any other “hidden text” utilizing any Trimark name, trademark or solution name without Trimark’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Trimark or any third party. Trimark makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of web sites accessible by hyperlink from this site or Web sites linking to this site. The linked sites are not under the control of Trimark and we are not responsible for the contents of updates to such sites. We may provide links on the site as a convenience only, and the inclusion of any link does not imply affiliation, endorsement or adoption by Trimark of the site or any information contained therein.
  6. Third Party Content & Services – We may provide links to web pages and content of third parties as a service to those interested in this information. Trimark does not monitor, and has no control over, any third party content or third party web sites. We do not endorse or adopt any third party content and can make no guarantee as to its accuracy or completeness. We do not represent or warrant the accuracy of any information contained therein, and undertakes no responsibility to update or review any third party content. When leaving the Trimark site, you should be aware that our terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site. Your use of these links and third party content contained therein is at your sole risk.
  7. Disclaimer – This site and the materials in this site are provided on an “as is/as available” basis without warranties of any kind, either express or implied. Trimark disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for particular purpose, title, and noninfringement. Trimark does not represent or warrant that materials in this site are accurate, complete, reliable, current or error-free. We do not represent or warrant that this site or its server(s) are free from viruses or other harmful components. We reserve the right to change any and all content contained on this site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Trimark.
  8. Limitation of Liability – In no event shall Trimark be liable for any special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of this site or the materials contained in or accessed through, this site.
  9. Indemnity – You agree to indemnify and hold harmless Trimark, its officers, directors, employees, agents and licensees from any claim, action, demand, loss or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct or your use of the site, your violation of these terms or your violation of any rights of a third party.
  10. Applicable Law – These terms and conditions shall be governed by and construed in accordance with the laws of the state of California, applicable to agreements made and entirely to be performed within California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state or federal courts located in Sacramento County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or preceding arising out of these terms and conditions.
  11. Modification & Amendments – Trimark reserves the right to amend at any time any policies governing this site, including these terms and Trimark’s Privacy Policy. The amended terms shall be effective upon posting. If you do not accept the amended terms, please cease in using our site.
  12. Termination – Notwithstanding any of these terms, Trimark reserves the right, without notice and in its sole discretion, to terminate your license to use this site, and to block or prevent future access to and use of this site.
  13. Severability – If any provisions of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
  14. General – These terms constitute the entire agreement between you and Trimark with regard to your use of the site. Any failure by Trimark to enforce or exercise any provision of these terms shall not constitute a waiver of that right or provision. The section titles used in the terms are for convenience only and carry no legal or contractual effect.