Trivantage Terms of Use
Last updated: January 2021
By using or accessing this site, https://www.trivantage.com/ (the “Site”), you accept and agree to be bound and follow these terms of use (“Legal Terms”) and the Privacy Policy. If you do not want to agree to these Legal Terms and the Privacy Policy, you must not access or use this Site.
As the administrator of the Site, Trivantage, LLC and its affiliates (“Trivantage”) may at any time revise these Legal Terms by updating this posting, so you should periodically examine the current Legal Terms to which you are bound.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Trivantage.
Intended Users of Site
The Content (as defined below) provided on this Site is intended for United States users only. Trivantage makes no representations that the Content is appropriate for users of other jurisdictions. This Site is intended solely for users who are 16 years of age or older.
Privacy
The Trivantage policies concerning the use of your personal information are set forth in the Privacy Policy and are incorporated by reference into these Legal Terms. By using this Site or the services provided by or through this Site, to the maximum extent permitted by applicable law, you agree to waive and release Trivantage from any claim or liability in connection with the collection, use, or disclosure of information consistent with the Trivantage Privacy Policy.
Obligations of Site Visitors or Users
You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:
• Impersonate or misrepresent your affiliation with any person or entity;
• Post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters” or any other form of solicitation on the Site or through the services;
• Post or transmit any material that is inaccurate, defamatory, offensive, indecent, obscene, or unlawful;
• Post or transmit any software which contains a virus, trojan horse, worm or other harmful component;
• Violate any applicable law or regulation, including without limitation any local, state, national or international law, any export control laws, or any regulations promulgated by any competent authority;
• Access or use password protected, secure or non-public areas of the Site without authorization; or
• Frame, repackage, or otherwise re-distribute any portion of the Site.
Trivantage reserves the right to take any legal action if Trivantage believes that user conduct violates these Legal Terms, applicable law or is harmful to the interests of Trivantage, including, but not limited to, refusing service at its discretion or terminating your access to the Site. Trivantage will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in these Legal Terms will survive any such termination or modification.
Account Responsibilities
If you choose to open an account on this Site, you are responsible for (a) maintaining the confidentiality of your user account and password; (b) not allowing another person to use your user account and password to access the Site, (c) any damages or losses that may be incurred or suffered by Trivantage or any third party as a result of your failure to maintain the confidentiality your user account and password; and (d) promptly informing Trivantage in writing of any potential or actual security concerns regarding your user account or password. You accept responsibility for all activities that occur under your account, and you agree to be responsible for any act or omission of any user of your account, and if any such act or omission by a user of your account would, if undertaken by you, be deemed a violation of these Legal Terms, such act or omission shall be deemed a violation of these Legal Terms by you.
You agree not to use this Site in any manner that: (a) violates any local, state, national, or international law, including any applicable privacy legislation; (b) threatens, stalks, harasses, abuses, defames, slanders, or in any other way harms another individual or business organization; (c) impersonates any person or entity, misrepresents your affiliation with a person or entity, or otherwise creates a false identity for the purpose of misleading others; or (d) infringes someone else’s patent, trademark, trade secret, copyright or other intellectual property or other rights.
Links to Other Websites
Links from or to websites outside the Site are meant for convenience only. Trivantage does not review, endorse, approve or control, and is not responsible for any websites linked from or to the Site, the content of those websites, the third parties named, or their products and services; and Trivantage makes no representations or warranties regarding the accuracy or any other aspect of the content located on such websites. Linking to any other website is at your sole risk. Upon entering these other websites, you are encouraged to review and understand the terms and conditions governing their use.
Links on this Site, may lead you to content on products and services that may not be available. The existence of a link on this Site is not to be taken as implying that such products and services are, or will be made, available at any time.
No endorsement or approval of any third parties or their advice, opinions, content, products or services is expressed or implied by any Content or links to websites.
Linking to this Site
If you are a current customer of Trivantage and have opened an account on this Site, you may establish a link to this Site, solely for the purpose of providing a reference for product information, provided you abide by these Terms of Use and the following:
You may link to this Site from our logo, the trade name Trivantage or a general phrase such as "For more information about Trivantage, visit their web site at https://www.trivantage.com/." You may not use any other graphics to establish the link.
You are permitted to link to complete pages of this Site but are prohibited from linking to individual page elements such as objects, images, blocks of text, etc.
You are prohibited from embedding your link to this Site in a frame contained within your web site. The link to this Site must open in a full browser window.
The link in no way establishes a liability by Trivantage to any written or implied warranty that you provide with your finished product.
The establishment of the link and the use of this Site signifies your acceptance of these requirements.
Copyright
All content included on this Site, such as text, graphics, logos, audio, video, button icons, images, trade-marks, trade names, logos and software (the “Content”), is the property of Trivantage or its content suppliers and protected by US and international intellectual property laws, including copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of Trivantage and protected by US and international copyright laws. All software used on this site is the property of Trivantage or its software suppliers and protected by US and international copyright laws.
Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Content on this Site is strictly prohibited.
Submissions
Any submissions you send to this Site or otherwise to Trivantage by electronic mail, (the “Submissions”) with the exception of personal information as defined in the Trivantage Privacy Policy, shall be considered to be non-confidential and Trivantage shall have no obligation of any kind with respect to such Submissions. For the consideration of having the opportunity to send your Submissions to Trivantage, you agree that Trivantage shall exclusively own the Submissions and hereby perpetually and irrevocably assign all rights in the Submissions to Trivantage and waive all moral rights associated with them. Trivantage shall be free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products incorporating the Submissions.
Disclaimer
THIS SITE, INCLUDING THE OPERATION OF THE SITE AND ANY CONTENT, PRODUCTS, SERVICES OR MATERIAL MADE AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED BY TRIVANTAGE ON AN "AS IS" BASIS. TRIVANTAGE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, TRIVANTAGE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TRIVANTAGE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THIS SITE AND MAY MAKE CHANGES TO THE CONTENT ON THIS SITE, INCLUDING TO THE PRODUCTS OR SERVICES DESCRIBED ON THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION ON THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. TRIVANTAGE MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.
Trivantage will not be liable for any damages of any kind, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, lost profits, lost data or business interruption arising from the use, inability to use, or the results of use of this Site, any websites linked to this Site, the materials or Content contained at any or all such sites, or the materials, products or services offered on this Site or sites linked to this Site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
Trademarks
Names, trade-marks, service marks, trade names, trade dress, logos and products appearing on this Site are protected by US and/or international trade-mark laws and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Trivantage, its affiliates, or its licensors, except with the express written permission of Trivantage. Trivantage is a registered trademark of Glen Raven, Inc. in the US and Canada. Sunbrella® is a registered trademark of Glen Raven, Inc. in the US, Canada and specific countries. Trivantage, Glen Raven Inc., or affiliate (collectively “GR Companies”) trademarks may not be used in connection with any product or service that is not a GR Companies’ product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the GR Companies. All other trademarks not owned by Trivantage or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Trivantage or its affiliates.
General
This Site is owned and operated by Trivantage. By using this Site, you agree that any disputes arising from your use of this Site shall be governed exclusively by the laws of the State of North Carolina without regard to conflicts of law principles, and the exclusive venue for any legal dispute regarding these Legal Terms shall be in the state and federal courts located in North Carolina. The section titles are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction finds that any provision of these Legal Terms is invalid or unenforceable, you agree that the other provisions of these Legal Terms will remain in full force and effect.